Sharing files in no way "takes" from anyone.
This is obviously wrong. You have deprived the owner of their ability to:
a) Sell you a license.
b) Deny you a license.
c) Negotiate a transaction that works for everyone.
d) Ignore you altogether.
See what I mean by the private property test? It literally simplifies the rules for all human transactions. It is simple and easy to understand and can be used, as far as I can tell, as a filter for understanding the justice of every single human transaction because all human transactions at just trade of private property.
You can also easily apply the same private property test by asking your self what IF YOU created a great game and great character or software and YOU owned the copyright to all those assets. Do you want to be deprived of your rights to your property and your choices as per above?
Everyone at this point says they woulndn't care, they would GPL or CC the assets anyway and it wouldn't affect them. But, this is wrong too. The reality is that while a bunch of people do open source everything either on principle, as a strategic competitive advantage or just to stay ahead of the economics of private propert crime, if you had a mortgage, a few young mouths to fee or even lets say 10 or 20 employees, all of a sudden you will find that the meaning of a penny CHANGES A LOT.
I know you want the above to be true, it simply isn't.
Note: I have contributed and paid for developmenet of GPL licensed software, I sympathise with your argument.
I don't need a "private property test"; the Golden Rule works just fine.
You are certainly convinced of your own correctness, but your argument defeats itself. As someone with both a mortgage and a few other mouths to feed, why the hell would I choose option (b) or (d)?
Nintendo could sell ROMs, but they don't. That is their choice. They have chosen (d), so they weren't going to get any money from me anyway... at least not for that particular file.
They aren't complete idiots though. For instance, regarding the first ROM that I downloaded after I switched to Android, Final Fantasy VII: they made a slightly updated version for the Switch, with a few added features/cheats. I was happy to spend $20 to get access to the 3x speed toggle.
So it is possible to monetize. They chose not to, and would rather pay a bunch of lawyers to keep people from just using files that they have decided are worthless.
It's their property. Not yours. You can spin windmills at this all you want, but you have no say in what they do (or not do) with their property.
Just like your neighbour has no say in what you do with yours.
Or like you don't have a say in whether or not your neighbour decides to rent his property, use the property or let it rot and do nothing with it to the point of devaluing it to lot value.
You have no say in this whatsover. You can bitch all you want, but bitching is for old women.
And people that pretend they have a say in what other people do with property they own.
Stop acting like a commie. This is the essential deleneation line between communists and free thinkers. Free thinkers want to be left alone to be free, commies want to bud into everyones business and tell them what they should do with their property.
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